It will unlikely come as a surprise that court proceedings are governed by strict rules.
Since 2010, there have been specific rules that apply to family law proceedings as set out in The Family Procedure Rules 2010 (FPR) which became effective from April 2011.
From time to time the Rules are amended or updated. The most recent amendments will come into force in April 2024.
Amongst the changes are amendments to Part 3 of the FPR relating to “mediation, information and assessment meetings (MIAMs) and non-court dispute resolution (NCDR).
- The aim is to increase MIAM attendance and early resolution of private law children and financial remedy proceedings. This is no doubt a reflection of the very significant delays and lack of judicial time that are now an ever present feature of the family courts.
- The definition of non-court dispute resolution is to include not only mediation but also collaborative law, arbitration, private FDR and round table meetings. These are all options that a specialist family solicitor will be able to explain.
- There will be fewer reasons acceptable for not attending a MIAM on the basis that they can be very flexible with the parties not having to sit in the same room, or even attend on the same day.
- Parties attending a MIAM purely as a tick box exercise to be signed off as unsuitable just so that they can start court proceedings will be a thing of the past, with Judges having genuine powers if the process is not being engaged with properly, to include costs consequences. It remains to be seen whether in practice judges will in fact take a firmer line on this, however the risk ought to be taken seriously.
- Non-court dispute resolution must be carefully considered and it is not the lawyer’s role to make a judgment as to whether a party is a successful candidate for mediation. That is for a family mediator to assess at a MIAM.
- Domestic abuse, mental health issues, addictions and high levels of conflict are not automatic bars to non-court dispute resolution and potential hybrid methods should be considered to avoid clogging up the courts. Such hybrid methods might include having a lawyer with you at mediation.
- There is to be more scrutiny and consequences should cases proceed to a final hearing which were seriously capable of settlement. Again, these will likely include costs penalties if the court does take the view that one party unreasonably failed to engage in non-court dispute resolution.
Whatever the effect of these changes on the ground, what we can probably all agree on is that court proceedings can be a highly emotional, costly, stressful and generally unpleasant experience and that serious consideration should be given to out of court options.
By Hazel Scanlon
To receive advice on this or any other Family Law issue, please contact our Family Team on 020 8304 4884 or family@alettashaw.co.uk